As at Sunday 4 October 2026
Undecided Final Appeals
High Court Australia (HCA) – Supreme Court Canada (SCC) – NZ Supreme Court (NZSC) – UK Supreme Court (UKSC)
| Leave/Permitted/Special Leave/Referred | Case Name | Court(s) Below | Reserved | Classification | Court | |
|---|---|---|---|---|---|---|
| 2025.10.09 | Estate of the late Geoffrey Croft v MTH & Ors | [2025] NSWCA 122 [2024] NSWSC 1517 |
2026.06.10 | Evidence – obligation to litigant in person – whether Court of Appeal erred in holding primary judge had obligation to ensure litigant in person did not fail to claim rights or put forward legal arguments – Whether Court of Appeal erred by deciding appeal as if a certificate of conviction had been tendered and by assessing damages to avoid re-trial. | HCA | |
| 2025.10.09 | Commissioner of Taxation v Merchant & Anor; Merchant & Anor v Commissioner of Taxation | [2025] FCAFC 81 [2025] FCAFC 56 |
2026.03.18 | Taxation – Schemes under Part IVA of the Income Tax Assessment Act 1936 (Cth) – s 177E(1)(a)(ii) dividend stripping – whether a scheme must completely or substantially completely avoid tax on a ‘substantial portion’ of the ‘accumulated profits’ of the target company – whether the substantial effect is to be assessed having regard to the application of s 177D to another taxpayer; Capital loss on sale of shares at market value to a related entity that was a corporate trustee subject to the Superannuation Industry (Supervision) Act 1993 (Cth) – Where capital loss became a tax benefit after capital gain made on a subsequent sale of shares – s 177D – Full Court upheld finding by primary judge of a scheme carried out for the dominant purpose of obtaining a tax benefit – whether Full Court failed to consider the different legal, commercial and tax considerations that governed the entities involved and whether it conducted the correct counterfactual inquiry. | HCA | |
| 2025.12.04 | Minister for Planning v IGA Retail Services Pty Ltd (ACN 002 454 686) & Ors | [2025] VSCA 180 | 2026.05.07 | Constitutional law – administrative law – judicial review – statutory interpretation – amendment to planning scheme under Planning and Environment Act 1987 (Vic) recommended by panel and adopted by planning authority, but not yet approved by Minister – whether judicial review for alleged non-compliance with anterior procedural steps prevented by s 39(8) – whether invalid statutory ouster of Supreme Court jurisdiction to review for jurisdictional error – whether s 39(7) extends to anterior steps – whether non-compliance with anterior steps amounting to jurisdictional error foreclosed by s 39(7)-(8). | HCA | |
| 2025.12.04 | Farm Transparency International Limited v The Game Meats Company of Australia Pty Ltd | [2025] FCAFC 104 [2024] FCA 1455 |
2026.05.05 | Trusts – constructive trust – whether a constructive trust of copyright in recorded video images available in circumstances where subject matter of images not confidential and recording the images did not constitute a legal wrong – whether Full Court erred by failing to consider whether damages were an adequate remedy. | HCA | |
| 2025.12.04 | MACH Energy Australia Pty Ltd ABN 34608495441 v Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc & Anor | [2025] NSWCA 163 [2024] NSWLEC 86 | 2026.05.13 | Environment and Planning Law – whether Independent Planning Commission was required to consider climate change and environmental impacts of the development in the locality of a mining project – judicial review proceedings under Pt 3 Div 3 of the Environmental Planning and Assessment Act 1979 (NSW) – application of the mandatory considerations under s 4.15 of the Act and cl 2.20 of the State Environmental Planning Policy (Resources and Energy) 2021 (NSW) – whether matter should be remitted to LEC to consider causal connection between mining project and environmental impact in the locality | HCA | |
| 2025.12.04 | Uber Australia Pty Ltd v Chief Commissioner of State Revenue ABN 77456270638 | [2025] NSWCA 172 [2024] NSWSC 1124 |
2026.04.08 | Payroll tax – ‘rideshare system’ – whether the taxing provisions in the Payroll Tax Act 2007 (NSW) extend to fares remitted to drivers by Uber. | HCA | |
| 2026.02.05 | Poulton v Conrad | [2025] TASFC 7 [2025] TASSC 2 |
2026.08.13 | Personal Property – Whether Bitcoin is tangible or intangible property – Whether Bitcoin is subject to conversion and detinue – Whether exclusive control of Bitcoin wallet via private key equates to possession sufficient for proprietary remedies – Whether appellate court erred in finding that Bitcoin falls into a third category of intangible property that is capable of possession and amenable to conversion and detinue – Whether appellate court erred in refusing leave to raise point not relied on during an intermediate appeal before a single judge from a magistrate | HCA | |
| 2026.02.05 | O’Connell v Director of Public Prosecutions; Director of Public Prosecutions v O’Connell | [2025] ACTCA 20 [2025] ACTCA 41 |
2026.05.12 | Criminal Law – Appeal against conviction – Appellate court set aside jury guility verdict and entered a verdict of not guility on a murder charge, reserved its decision on further orders, and later held that it could substitute its own verdict of guilty on the lesser statutory alternative charge of manslaughter – whether jury ought to have entertained doubt as to requisite mental element of reckless indifference – whether miscarriage of justice – role of appellate court | HCA | |
| 2026.02.13 | Zonia Holdings Pty Ltd (ACN 008 565 286) v Commonwealth Bank of Australia (ACN 123 123 124); Baron & Anor v Commonwealth Bank of Australia (ACN 123 123 124) | [2025] FCAFC 63 [2025] FCAFC 123 |
2026.06.12 | Corporations – Representative Proceedings – Continuous disclosure obligations under s 674 of the Corporations Act 2001 (Cth) and rule 3.1 of the ASX Listing Rules – causation, loss and quantification of loss – where contraventions of continuous disclosure obligations to the Australian Securities Exchange proven – where disclosure of the contravening conduct together with other regulatory action causes share price drop – whether causation and loss established in relation to proportion of share price drop in context of multiple disclosures – where onus lies – whether appellate court erred by failing to determine causation before quantification and conflating failure to establish precise quantum with failure to provide evidence of loss – application of the facilitation principle where precise quantification of loss is difficult or impossible due to defendant’s conduct | HCA | |
| 2026.03.12 | Otsuka Pharmaceutical Co., Ltd & Ors v Sun Pharma Anz Pty Ltd | [2025] FCAFC 161 [2025] FCA 44 |
2026.06.17 | Patents – Validity – Validity of extension of term of patent – requirement for specification of invention – whether pharmaceutical substance can include formulations for the purpose of s 70(2)(a) or limited to active substances – ss 40(2)(b), 40(3) and 70 of the Patents Act 1990 (Cth) | HCA | |
| 2026.03.12 | Redland City v Council Burns | [2025] QCA 222 | 2026.08.04 | Criminal Law – Property Offences – Planning Act 2016 (Qld) s 162 – Clearing of native title vegetation without the requisite development approval, in contravention of s 162 – Whether Planning Act contravention is an offence relating to property within the meaning of s 22(2) of the Criminal Code – Whether honest claim of right within the meaning of s 22(2) | HCA | |
| 2026.03.12 | President of the Legislative Council of New South Wales v Cullen & Ors | [2025] NSWCCA 278 | 2026.09.10 | Constitutional Law – State legislative power – Parliamentary Evidence Act 1901 (NSW) authorises President to certify that a witness has not complied with a summons without just cause or reasonable excuse – upon receiving such certification, Supreme Court judge required to issue warrant for detention of witness – Whether provisions of Parliamentary Evidence Act contrary to limitations on State legislative power identified in Kable v Director of Public Prosecutions (NSW) | HCA | |
| 2026.04.09 | Connor Yeates (a pseudonym) v The King | [2025] VSCA 288 | 2026.08.14 | Criminal Law – Interlocutory ruling – Whether Bitcoin property for the purposes of the Crimes Act 1958 (Vic) – Whether Bitcoin mere information – Whether Bitcoin exhibits characteristics of property identified in National Provincial Bank Ltd v Ainsworth [1965] UKHL 1; [1965] AC 1175 – whether Bitcoin intangible property other than chose in action | HCA | |
| 2026.04.09 | Charisiou v The King | [2025] VSCA 277 [2024] VSC 303 |
2026.08.12 | Criminal law – Sentence – Statutory interpretation – Sentencing Act 1991 (Vic) ss 5(1)(a) and 5(2)(g) – Whether common law test of ‘exceptional circumstances’ must be satisfied before the objective aspect of family hardship can be considered as a relevant circumstance – Charter of Human Rights and Responsibilities Act 1991 (Vic) ss 17(1) and 32(1) – Whether family hardship is a relevant circumstance because it is engaged as a Charter right | HCA | |
| 2026.04.09 | The King v Bechaud | [2025] VSCA 306 | 2026.08.05 | Criminal Law – Rape – Separation oath administered to jury at commencement of trial – Oath not administered at a time proximate to jury’s separation during deliberation – Whether failure to do so fundamental irregularity – Whether s 50 of Juries Act 2000 (Vic) imposes a temporal requirement that the separation oath be administered at a time proximate to jury’s separation during deliberations | HCA | |
| 2026.04.09 | Les Denny Pty Ltd (ACN 652 661 955) & Ors v Valmorbida | [2025] VSCA 319 [2023] VSC 680 |
Not Heard Yet | Real Property – Prescriptive easements arising from long use – Whether a prescriptive easement at general law can arise based on 20 years of use despite changes in ownership of the servient tenement during that same period – Interaction between easement recognised at common law and indefeasibility of title under Torrens system – Whether s 42 of the Transfer of Land Act 1958 (Vic) causes a registered proprietor of land to hold the land subject to any inchoate prescriptive easement based on less than 20 years of use prior to registration of the registered proprietor’s interest | HCA | |
| 2026.04.22 | GBU v The King | [2025] QCA 196 | Not Heard Yet | Criminal Law – Sentencing – Finding of diminished responsibility in conjunction with imposition of sentence at higher end of range – Whether decision of the Mental Health Court finding diminished responsibility must inform the exercise of sentencing discretion by the Supreme Court of Queensland and a subsequent assessment of that discretion by the Court of Appeal | HCA | |
| 2026.05.07 | Edmunds v The King | [2025] VSCA 31 | 2026.09.16 | Criminal Law – Murder – Complicity – Claim of self defence – Encouraged principal offender to murder former partner – Jury directions – Threshold for evidential onus of self-defence | HCA | |
| 2026.05.14 | Mallard v Homes Victoria | [2025] VSCA 339 [2025] VSC 169 |
Not Heard Yet | Administrative Law – Decision of Homes Victoria under the Housing Act 1983 (Vic) s15(1)(a) to redevelop 44 public housing towers in Melbourne – Representative proceeding brought by resident seeking judicial review of decision – Whether decision affected legally recognised right or interest – Whether residents of social housing have ‘rights or interests’ to be afforded procedural fairness before decision to demolish – Whether interest in maintaining community is a legally recognised ‘interest’ | HCA | |
| 2026.06.11 | Issak v The King & Ors; Bekele v The King & Ors; Haile v The King & Ors | [2026] SASCA 9 | Not Heard Yet | Criminal Law – Sexual offences – Joint criminal enterprise – Appellate court quashed acquittals by direction and ordered a new trial – Whether force of double jeopardy considerations increased on retrial by necessary confinement of prosecution case | HCA | |
| 2026.06.11 | Oil Basins Ltd v. Esso Australia Resources Pty Ltd (ACN 091 829 819) & Ors | [2026] VSCA 6 [2025] VSC 34 |
Not Heard Yet | Commerical Arbitration – Whether it was open to the primary judge to grant a stay under s 7(2) of International Arbitration Act 1974 (Cth) without embarking on any construction of the parties’ arbitration agreement, under its applicable law – Whether proper law of the parties’ arbitration agreement is the law of New York – Whether dispute about scope of arbitration agreement capable of settlement by arbitration where parties have agreed such disputes to be determined by court – International Arbitration Act 1974 (Cth) s 7(2), sch 2 art 16 -– UNCITRAL Model Law on International Commercial Arbitration. | HCA | |
| 2026.06.11 | Yanunijarra Aboriginal Corporation RNTBC & Ors v. State of Western Australia | [2026] FCAFC 7 [2025] FCA 490 |
Not Heard Yet | Native Title – Judicial review – Notification of acts affecting native title – Right to negotiate – Whether an act attracting the expedited procedure under section 29(7) Native Title Act 1993 (Cth) is a reviewable decision or is immune from judicial review. | HCA | |
| 2026.06.11 | Bradshaw v The King | [2025] QCA 172 | Not Heard Yet | Criminal Law – Murder – Miscarriage of justice – Appellant disclosed in the police interview mental health treatment and taking medication below the prescribed dose – Police did not suspend questioning and allow appellant to have a support person present under s 422 of the Police Powers and Responsibilities Act 2000 (Qld) – Pre-trial application to exclude record of police interview refused – Video of police interview played to jury – Trial judge gave no direction to jury of the kind given in Bromley v The Queen (1986) 161 CLR 315 – Statutory construction – s 422 of the Police Powers and Responsibilities Act 2000 (Qld) – Whether Court of Appeal erred in finding that ‘external evidence or indicia’ was necessary for a police officer to reasonably suspect that appellant had impaired capacity – Whether trial judge’s refusal to exclude police record of interview resulted in miscarriage of justice – Whether trial judge’s failure to give a Bromley direction resulted in miscarriage of justice. | HCA | |
| 2026.08.06 | XMBQ v Minister for Immigration and Citizenship | [2026] FCAFC 19 [2025] FCA 553 |
Not Heard Yet | Administrative Law – Migration – Visa mandatorily cancelled under s 501(3A) after Minister exercised power under s 501BA(2) of the Migration Act 1958 (Cth) to set aside decision of Administrative Appeals Tribunal to revoke cancellation, 38 months after the AAT revoked its decision to cancel – Whether s 501BA(2) is subject to an implied limitation that it be exercised within a reasonable period of time | HCA | |
| 2026.08.06 | Archer v Minister for Immigration and Citizenship | [2026] FCAFC 20 [2025] FCA 471 |
Not Heard Yet | Administrative Law – Migration – Minister exercised power under s 501BA(2) of the Migration Act to set aside decision of Administrative Appeals Tribunal to revoke cancellation of visa, 38 months after the AAT revoked its decision to cancel – Minister satisfied that cancellation of visa is in the national interest- Whether power in s 501BA(2) of the Migration Act 1958 (Cth) is subject to an implied limitation that it be exercised within a reasonable period of time | HCA | |
| 2026.08.06 | Barber v The King | [2025] NSWCCA 179 | Not Heard Yet | Criminal Law – Application of deeming provision in s 29(a) Drug Misuse and Trafficking Act 1985 (NSW) – amount of prohibited drug possessed for personal use – whether an accused must prove all of the prohibited drug possessed for purposes ‘otherwise than for supply’ | HCA | |
| 2026.08.06 | Smith v Chief Executive, Queensland Corrective Services & Ors | [2026] QCA 99 [2024] QSC 288 [2025] QSC 38 |
2026.09.17 | Statutory Intepretation – Human Rights – Prisoner who will be 39 years old if released at the date fixed for her eligibility for parole and 41 years old at the end of her sentence- Whether the extraction and freezing of a female’s eggs is within the meaning of “assisted reproductive technology” under s 22(2) of the Corrective Services Act 2006 (Qld) – Whether the Court of Appeal should have considered the Human Rights Act 2019 (Qld) at the outset of interpreting s 22 – Whether the Court of Appeal’s interpretation of s 22 should be compatible with human rights pursuant to s 8 of the Human Rights Act 2019 (Qld) | HCA | |
| 2026.09.10 | Bertram v Naudi | [2026] FCAFC 40 [2024] FCA 1239 |
Not Heard Yet | Bankruptcy – Bankruptcy Act 1966 (Cth) – Jurisdiction – Challenge by a discharged bankrupt to validity of income contribution assessments made by a trustee in bankruptcy under s 139W of the Act – Trustee in bankruptcy conceded that amount assessed was incorrect – Whether Federal Court has jurisdiction under s 90-15 of Schedule 2, Insolvency Practice Schedule (Bankruptcy) of the Act to determine an application to challenge the validity of an income contribution assessment – Whether ss 139Q and 139S of the Act impose a statutory liability to pay an amount in circumstances where the amount assessed is not correct | HCA | |
| 2026.09.10 | Thorn v The King | [2026] VSCA 99 [2023] VSC 702 |
Not Heard Yet | Criminal law – Appeal of murder conviction – Admissibility of evidence of admissions – Evidence ‘given by’ a witness who is unavailable to give evidence at trial – Recording of witness containing sworn evidence of admission admitted through s 65(3) of the Evidence Act 2008 (Vic) – Whether Court of Appeal erred in finding that the recorded account was evidence of an admission ‘given’ by the unavailable witness, so as to engage the first-hand hearsay exception in s 82(a) of the same Act | HCA | |
| 2026.09.10 | Brady v NULIS Nominees (Australia) Limited (ACN 008 515 633) in its capacity as trustee of the MLC Super Fund | [2026] FCAFC 68 [2024] FCA 1374 |
Not Heard Yet | Trusts – Superannuation – Trustee’s duties – Superannuation Industry (Supervision) Act 1993 (Cth) – Trustee charged fees to members of a superfund to pay commissions paid to third-party financial service licensees – Whether that was a breach of the terms in the superannuation trust deed – Whether that was a breach of its duties as trustee under the Act – Whether that fee is for the administration and operation of a superannuation trust fund – Whether that fee is permitted provided it is disclosed in a Product Disclosure Statement as being for administering the fund | HCA | |
| 2024.03.28 | Quebec Maritime Services Inc., et al. v. Attorney General of Quebec, et al. | 2023 QCCA 325 | 2024.12.11 | Constitutional law – Interjurisdictional immunity – Impairment – Federal paramountcy – Conflict of purposes – Provincial offences – Licences – Application of provincial statute to marine security activities -Private Security Act | SCC | |
| 2025.02.13 | Attorney General of Québec v. SGS Canada inc. | 2024 QCCA 460 | 2025.12.02 | Constitutional law – Division of powers – Labour relations – Direct and derivative federal jurisdiction – Canada Grain Act, R.S.C. 1985, c. G 10, s. 55 – Constitution Act, 1867, ss. 91(29) and 92(10)(c). | SCC | |
| 2025.04.24 | Nisga’a Nation, as represented by the Nisga’a Lisims Government v. Malii also known as Glen Williams, et al. | 2024 BCCA 313 | 2025.12.09 | Aboriginal title – Treaty rights – Interpretation – Nisga’a Final Agreement Act, S.C., 2000, c. 7, ss. 3, 4, 5, 20 – Nisga’a Final Agreement Act, R.S.B.C. 1999, c. 2, ss. 2, 3, 5, 8. | SCC | |
| 2025.04.24 | Skii km Lax Ha, also known as Darlene Simpson, also known as Chief Simpson, on behalf of herself and, in her capacity as Tsetsaut/Skii km Lax Ha Hereditary Chief, et al. v. Malii also known as Glen Williams, et al. | 2024 BCCA 406 | 2025.12.09 | Aboriginal title – Overlapping Aboriginal rights and title claims -Treaty rights – Proper approach to limit complexity and avoid inconsistent findings in multiple actions – Appellate intervention in such discretionary decisions of case management judge | SCC | |
| 2025.03.13 | His Majesty the King v. Harry Arthur Cope | 2024 NSCA 59 | 2025.12.12 | Criminal law – Sentencing – Deferential standard of review – Approach to sentencing when ss. 718.04, 718.201, and 718.2(e) of the Criminal Code apply | SCC | |
| 2025.05.15 | Attorney General of Quebec v. Joseph-Christopher Luamba, et al. | 2024 QCCA 1387 | 2026.01.20 | Constitutional law – Charter of Rights – Routine traffic checks – Checks authorized by statute – Driver stopped for no apparent reason – Whether stop power considered in Ladouceur exists at common law — Whether stop power provided for in s. 636 of Highway Safety Code unjustifiably infringes ss. 7, 9 and 15(1) of Canadian Charter. | SCC | |
| 2025.05.22 | Bank of Nova Scotia v. His Majesty the King | 2024 FCA 192 | 2026.01.21 | Taxation – Income tax – Computation of interest payable – Interpretation of s. 161(7) of the Income Tax Act — Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), s. 161(7)(b)(iv). | SCC | |
| 2025.05.15 | Sophia Hemmings, by her Litigation Guardian, Rosalie Brown, et al. v. Lloyd Gregory Padmore, et al. | 2024 ONCA 318 | 2026.02.10 | Torts – Professional liability – Negligence – Causation – Mother suffering severe brain injury following cardiac arrest during delivery of child by caesarian section – permissible nature and extent of appellate courts’ power to review trial record when assessing sufficiency of reasons that are, on their face, deficient | SCC | |
| 2025.05.22 | His Majesty the King v. A.M., et al. | 2024 ONCA 661 | 2026.02.11 | Criminal law – Evidence – Admissibility – Complainant’s sexual activity – Whether permissible to rely on a propensity-based inference that complainants who previously voluntarily engaged in sex work are more likely to voluntarily engage in sex work on subsequent occasions – Criminal Code, R.S.C. 1985 c. C-46, s. 276. | SCC | |
| 2025.05.01 | Maxime Bergeron v. Assemblée parlementaire des étudiants du Québec inc., et al. | 2024 QCCA 1264 | 2026.02.12 | Civil procedure – Criteria and factors to be weighed by trial judge considering application for disqualification of lawyer for not having enough distance to balance lawyer’s obligations as officer of court – Code of Civil Procedure, CQLR, c. C 25.01, art. 193. | SCC | |
| 2025.05.22 | Québec Major Junior Hockey League, now doing business as Quebec Maritimes Junior Hockey League Inc., et al. v. Lukas Walter, et al. | 2024 QCCA 1170 | 2026.02.16 | Civil procedure – Class action – Lawyer client relationship in context of class action – Lawyer’s ethical obligations to client in context of class action | SCC | |
| 2025.06.12 | Megan Rae Korduner v. His Majesty the King | 2025 ABCA 30 | 2026.02.17 | Charter of Rights and Freedoms – Self-incrimination – Whether statutorily compelled statement could be used to form grounds to demand a breath sample – Whether s. 320.31(9) of Criminal Code infringes s. 7 of Charter to extent it makes statements otherwise subject to use immunity admissible for purpose of justifying demand for roadside breath sample. | SCC | |
| 2025.06.26 | Aphria Inc. v. Canada Life Assurance Company, et al. | 2024 ONCA 882 | 2026.02.18 | Contracts – Commercial leases – Repudiation – Duty to mitigate – Stare Decisis – Interpretation by lower courts – Whether the common law should recognize a duty to mitigate on commercial landlords. | SCC | |
| 2025.06.12 | Facebook Inc. v. Privacy Commissioner of Canada | 2024 FCA 140 | 2026.03.18 | Privacy – Online social media platform – Obligation to safeguard users’ data – Obligation to obtain meaningful consent from users for disclosure of personal data – Where the “literal reading” of an organization’s privacy policy provides adequate disclosure, and individuals have explicitly agreed to that policy, can the policy’s length nevertheless invalidate their consent? How should courts determine whether an organization obtained meaningful consent to disclose personal information to a third party? – Do organizations need to police compliance by third parties to satisfy their own duty to maintain security safeguards to prevent unauthorized access to, disclosure of, or use of personal information in their possession or custody? How should courts determine whether an organization maintained reasonable security safeguards? – Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, ss. 3, 5(1), 6.1 and ss. 4.3 (principle 3) and 4.7 (principle 7) of the schedule 1. | SCC | |
| 2025.01.23 | English Montreal School Board, et al. v. Attorney General of Quebec, et al. | 2024 QCCA 254 | 2026.03.26 | Constitutional law – Whether grounds raised to challenge constitutional validity of Act respecting the laicity of the State should be accepted – Canadian Charter of Rights and Freedoms, ss. 3, 23, 28 and 33 – Charter of human rights and freedoms, ss. 50.1 and 52 – Act respecting the laicity of the State, CQLR, c. L-0.3. | SCC | |
| As of Right | His Majesty the King v. Seyed Ramin Moshfeghi Zadeh | 2025 BCCA 293 | 2026.04.15 | Criminal law — Dangerous driving — Elements of offence — Mens rea — Whether the trial judge erred in law in finding that the Crown had not established the mens rea | SCC | |
| As of Right | His Majesty the King in Right of Canada v. Damodar Arapakota | 2025 ONCA 660 | 2026.04.16 | Criminal law — Bribing a foreign public official — Elements of offence — Whether the majority of the Court of Appeal erred in its interpretation of s. 3(1)(a) of the Corruption of Foreign Public Officials Act, S.C. 1998, c. 34 and the seprate finding that the trial judge’s legal error did not affect the verdict | SCC | |
| 2025.08.28 | St. John’s International Airport Authority v. Michel Thibodeau | 2024 FCA 197 | 2026.04.20 | Official languages — Airport authorities — Transfer of the administration of airports pursuant to the Airport Transfer (Miscellaneous Matters) Act — Obligations pursuant to the Official Languages Act for the local bodies operating airports | SCC | |
| 2025.10.16 | Ville de Québec v. Jardins de Vérone S.E.C. | 2025 QCCA 123 | 2026.05.12 | Administrative law – Appeals – Standard of review – Municipal law – Taxation – Property assessments – Interpretation of notion of “serviced vacant land” provided for in Act respecting municipal taxation – Courts of Justice Act, CQLR, c. T 16, s. 83.1 – Act respecting municipal taxation, CQLR, c. F 2.1, ss. 32, 57.1.1, 131.2, 174 para. 13.1.1(a), 244.36 and 244.49 | SCC | |
| As of Right | Ali Bhatti v. His Majesty the King | 2025 ONCA 697 | 2026.05.14 | Charter of rights — Search and seizure — Remedy — Exclusion of evidence —Whether Court of Appeal erred in law by finding that search of appellant’s vehicle and seizure or search for phones were lawful | SCC | |
| 2025.10.23 | Cynthia Prescott, et al. v. Benchwood Builders Inc., et al. | 2025 ONCA 171 | 2026.05.15 | Torts — Libel and slander — Anti-SLAPP legislation — Dissatisfied clients of company posting negative statements online about company and its owner — Company and owner suing clients for defamation — Clients bringing motion to dismiss action pursuant to anti-SLAPP legislative provision — How the public interest threshold in defamation defences and Canadian anti-SLAPP regimes should be applied to online consumer expression — Courts of Justice Act, R.S.O. 1990, c. C.43, s. 137.1 | SCC | |
| 2025.10.17 | Richard Leonard Walker v. His Majesty the King | 2025 ABCA 13 | 2026.05.20 | Criminal law — Arrest — Can a police officer arrest an individual for obstruction under the Criminal Code, during the course of a regulatory (or municipal) investigation where the regulatory (or municipal) statute provides for a lesser enforcement remedy — Does the discretion referenced in Goodwin v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46 allow police officers to engage the more serious Criminal Code provisions during the course of an investigation for less serious regulatory or municipal offences | SCC | |
| As of Right | Bevin Kerry Degale v. His Majesty the King | 2024 ONCA 720 | 2026.05.21 | Criminal law – Aggravated sexual assault – Mens rea – Whether mens rea of a sexual assault is capable of being established by proof solely that the complainant did not consent to sexual contact. | SCC | |
| As of Right By Leave |
Jordan Bilinski v. His Majesty the King | 2025 ABCA 270 | 2026.05.22 | Criminal law — Charge to jury — Sexual assault — Elements of offence — Consent — Whether R. v. Kirkpatrick, 2022 SCC 33, is an unworkable precedent — Whether jury must be given a “little difficulty” instruction where a defence of honest but mistaken belief in communicated consent is not available | SCC | |
| As of Right / By Leave | His Majesty the King v. Abdel Karim Chemlal | 2025 QCCA 302 | Not Heard Yet | Charter of Rights — Search and seizure — Arbitrary detention — Applicable standard for justifying security search — Exclusion of evidence — Whether police officer who interacts lawfully with individual is authorized to search them to ensure safety if they have reasonable suspicion that they possess weapon — Canadian Charter of Rights and Freedoms, ss. 8, 9, 24(2). | SCC | |
| As of Right | Atlantic Lottery Corporation, et al. v. Attorney General of Ontario | 2025 ONCA 770 | Not Heard Yet | Criminal law – Statutory interpretation – Criminal Code – Provinces – Gaming and betting – Lotteries – Whether legal online gaming and sports betting remains lawful under the Criminal Code, R.S.C. 1985, c. C-46, if its users are permitted to participate in games and betting involving individuals outside of Canada, as described in a Schedule – If not, to what extent. | SCC | |
| 2025.11.13 | NHK Spring Co., Ltd., et al. v. Tony Cheung, et al. | 2024 BCCA 236 | Not Heard Yet | Private international law – Jurisdiction – Class actions – Certification of national class action alleging appellants engaged in international price-fixing conspiracy – Application to stay or dismiss proceedings on basis court lacked territorial competence or jurisdiction dismissed and proceedings certified as multi-jurisdictional class proceeding – Whether offences in relation to competition apply to acts that occur entirely outside Canada – Whether British Columbia courts have adjudicative jurisdiction over appellants – Competition Act, R.S.C. 1985, c. C-34, ss. 36 and 45 – Court Jurisdiction and Proceedings Transfer Act, S.B.C. 2003, c. 28. | SCC | |
| 2025.11.20 | John Vabuolas, et al. v. Information and Privacy Commissioner for British Columbia, et al. | 2025 BCCA 83 | Not Heard Yet | Charter of rights – Freedom of religion – Right to access personal information held by religious congregations – Power of the Information and Privacy Commissioner for British Columbia under the Personal Information Protection Act to order the production of documents – When is private and confidential religious information subject to disclosure under Canadian secular law (e.g., the Personal Information Protection Act) – Whether the Personal Information and Protection Act of British Columbia empowers the Privacy Commissioner to infringe s. 2(a) of the Charter – Personal Information Protection Act, SBC 2003, c. 63, ss. 1 (“organization”), 3, 23(1)(a), 38(1)(b) and 52 — Canadian Charter of Rights and Freedoms, s. 2(a). | SCC | |
| 2025.12.04 | Durrell Diggs, et al. v. Nova Scotia Health Authority, et al. | 2025 NSCA 20 | Not Heard Yet | Courts – Jurisdiction – Prerogative writs – Habeas corpus – Correctional facility detainees challenging legality of rotational lockdowns imposed due to staff shortages –- Whether placement in solitary confinement as result of operational or policy decisions reviewable by way of habeas corpus. | SCC | |
| 2026.01.22 | Cold Ocean Salmon Inc. v. Nova Fish Farms Inc. | 2025 NLCA 28 | Not Heard Yet | Contracts – Interpretation – Time of the essence – Whether the Court of Appeal erred in law by interpreting a time is of the essence clause as an extricable question of law, in isolation from the agreement as a whole, without regard to the factual matrix, and without considering the objective intentions of the parties – Whether, under the modern approach to contractual interpretation, a time is of the essence clause can apply to a contextual temporal obligation where the parties so intend. | SCC | |
| 2026.01.08 | Ontario Place Protectors v. His Majesty the King in Right of Ontario and Attorney General of Ontario | 2025 ONCA 183 | Not Heard Yet | Constitutional law – Courts – Core jurisdiction – Crown law -Crown liability –- Ontario Legislature enacting legislation to facilitate redevelopment of urban park – Legislation extinguishing causes of action against Crown and exempting redevelopment from environmental and heritage legislation – Whether legislation removes s. 96 superior court core jurisdiction – Whether legislation breaches doctrine of public trust – Rebuilding Ontario Place Act, 2023, S.O. 2023, c. 25, Sch. 2, ss. 9, 10, 11, 17. | SCC | |
| 2026.02.05 | Consumers’ Union, et al. v. Air Canada, et al. | 2025 QCCA 480 | Not Heard Yet | Consumer protection – Pre-contractual obligation to honour advertised price as required by Consumer Protection Act – Class action – Claim for compensatory damages – Claim for punitive damages – Doctrine of federal paramountcy – Whether s. 224(c) creates contractual obligation for merchants to honour advertised price when consumer decides to enter into contract – To obtain reduction of obligation of s. 272(c) in case of offence under s. 224(c), whether consumer must provide evidence other than evidence of commission of offence – Whether restrictive interpretation of ss. 224(c) and 272(c) by lower courts undermined effectiveness of Act and legislature’s intention to eliminate drip pricing practices and other unlawful practices – Consumer Protection Act, CQLR, c. P-40.1, ss. 224 and 272. | SCC | |
| As of Right | Lipson Dubé v. His Majesty the King | 2026 QCCA 108 | Not Heard Yet | Criminal law – Appeals – Acquittal – Whether Quebec Court of Appeal was allowed to intervene under s. 676(1)(a) of Criminal Code – If so, whether majority of Quebec Court of Appeal erred in law in holding that Crown had successfully demonstrated error of law warranting new trial. | SCC | |
| As of Right | Robert Regular v. His Majesty the King | 2026 NLCA 1 | Not Heard Yet | Criminal Law – Evidence – Prior sexual history of complainant – Collateral fact rule – Threshold for overturning acquittal on appeal – Whether trial judge erred in admitting evidence of complainant’s other sexual assault allegations – Whether trial judge violated collateral fact rule – Whether trial judge erred in excluding certain evidence – Whether majority of Court of Appeal erred in holding that trial judge committed errors that justified overturning acquittal and ordering new trial. | SCC | |
| 2026.02.12 | His Majesty the King v. Keven Boily | 2025 QCCA 841 | Not Heard Yet | Criminal law – Sentencing – Conditional discharge – Considerations – Assault by strangulation- Domestic violence – Underage victim – In determination of sentence for serious domestic violence case, guidelines and directions that should guide courts to balance principles of denunciation and deterrence with objectives of rehabilitation and accountability of offender – Impact of offence of strangulation, under s. 267(c) of Criminal Code, on sentence that must be handed down by courts, particularly in domestic violence case – Criminal Code, R.S.C. 1985, c. C-46, s. 267(c). | SCC | |
| 2026.02.12 | Travis Wayne Bowcock v. His Majesty the King | 2025 BCCA 124 | Not Heard Yet | Criminal law – Charge to jury – Evidence – Identification – Eyewitness evidence – Whether the Court of Appeal erred by finding a caution about exculpatory eyewitness evidence was justified – Whether the Court of Appeal erred by concluding any prejudice was ameliorated by the functional equivalent of a W.(D.) instruction. | SCC | |
| 2026.02.12 | Joshua Sarroino v. His Majesty the King | 2025 QCCA 573 | Not Heard Yet | Criminal law – Charge to jury – Evidence – Identification – Eyewitness identification evidence – Whether the trial judge erred by instructing the jury that if it accepted eyewitness evidence that the shooter had blond hair, or was left with a reasonable doubt by that evidence, it had to acquit the appellant – Whether trial judges can identify exculpatory portions of eyewitness evidence for the jury – Whether trial judges can provide a W.(D.) instruction tying exculpatory portions of eyewitness evidence to the concept of reasonable doubt. | SCC | |
| 2026.02.12 | Named Persons v. Attorney General of Canada | 2025 BCCA 197 | Not Heard Yet | Charter of rights – Constitutional law – Right to life, liberty and security of person – Principles of fundamental justice – Remedy – Damages – Open court principle – Whether this case raises an issue of national or public importance such that leave to appeal should be granted – Whether the assiduous protection of informer privilege is a principle of fundamental justice within the meaning of s. 7 – The appropriate threshold for an award of Charter damages – Whether the open court principle requires publication of portions of the trial judge’s reasons. | SCC | |
| 2026.03.19 | Christine Generoux, et al. v. Attorney General of Canada | 2025 FCA 82 | Not Heard Yet | Administrative law – Judicial review – Subordinate legislation – Firearms – Governor in Council (GIC) making regulations prohibiting firearms which had previously been legal for licensed ownership and use – Applicants challenging regulations as ultra vires the GIC and infringing rights under the Canadian Charter of Rights and Freedoms – Proper interpretation of GIC’s authority to make regulations under Criminal Code, s. 117.15, in light of restriction set out at s. 117.15(2) – Whether the phrase “and any variants or modified versions of them” violates applicants’ liberty or security interests under s. 7 of the Canadian Charter of Rights and Freedoms in a manner that does not accord with principles of fundamental justice – Whether prohibition, forced collection and cataloguing of previously non-restricted long guns violating s. 8 of the Charter – Whether Canadian firearm owners facing direct or indirect discrimination in violation of equality rights under s. 15(1) of the Charter – Criminal Code, R.S.C. 1985, c. C-46, s. 117.15 – Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted, SOR/2020-96 — Canadian Charter of Rights and Freedoms, ss. 7, 8, 15. | SCC | |
| 2026.03.19 | Canadian Coalition for Firearm Rights, et al. v. Attorney General of Canada | 2025 FCA 82 | Not Heard Yet | Administrative law – Judicial review – Subordinate legislation – Firearms – Vires – Governor in Council (GIC) making regulations prohibiting firearms which had previously been legal for licensed ownership and use – Applicants challenging regulations as ultra vires the GIC and infringing rights under the Canadian Charter of Rights and Freedoms – Whether Governor in Council’s authority to make regulations under Criminal Code, s. 117.15, sufficiently broad to address the Code’s general public protection purpose in an overriding manner without considering the express restriction on the scope of its law-making authority regarding firearms with reasonable utility for hunting and sport shooting – In contemplating potential criminal proceedings and for purposes of determining unconstitutional vagueness, what are the hallmarks or factors of an intelligible standard delineating a clear zone of risk for interpreting undefined terms in legislation, when those terms have such broad ordinary meanings that they require additional references for context – Criminal Code, R.S.C. 1985, c. C-46, s. 117.15 – Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted, SOR/2020-96 — Canadian Charter of Rights and Freedoms, s. 7. | SCC | |
| 2026.03.19 | Michael John Doherty, et al. v. Attorney General of Canada | 2025 FCA 82 | Not Heard Yet | Administrative law – Judicial review – Subordinate legislation – Firearms – Governor in Council (GIC) making regulations prohibiting firearms which had previously been legal for licensed ownership and use – Applicants challenging regulation – Whether s. 117.15 of Criminal Code authorizing GIC to effect sweeping overhaul of Canada’s firearms classification regime through regulatory action, including the prohibition of thousands of firearms that have been commonly and lawfully used for hunting and sporting purposes for decades, and in certain instances, for over a century – Criminal Code, R.S.C. 1985, c. C-46, s. 117.15 – Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted, SOR/2020-96 – Canadian Charter of Rights and Freedoms, ss. 7, 8, 15. | SCC | |
| 2026.03.19 | Jennifer Eichenberg, et al. v. Attorney General of Canada | 2025 FCA 82 | Not Heard Yet | Administrative law – Judicial review – Subordinate legislation – Firearms – Governor in Council (GIC) making regulations prohibiting firearms which had previously been legal for licensed ownership and use – Applicants challenging regulations as ultra vires the GIC and as impermissibly sub-delegating authority to RCMP – When Cabinet exceeds its authority to regulate – Whether RCMP’s Firearms Reference Table having necessary and appropriate legal authority – Criminal Code, R.S.C. 1985, c. C-46, s. 117.15 – Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted, SOR/2020-96. | SCC | |
| As of Right | Hannah Lafferty v. His Majesty the King | 2026 NWTCA 3 | Not Heard Yet | Criminal law – Defences – Self-defence – Whether the majority of the Court of Appeal for the Northwest Territories erred in law in holding that the trial judge did not err by assessing the evidence based on an unduly restrictive interpretation of the term “force” in s. 34(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46. | SCC | |
| 2026.02.19 | Canadian National Railway Company v. Alberta Pacific Forest Industries Inc. | 2025 FCA 160 | Not Heard Yet | Courts – Jurisdiction – Administrative law – Judicial review – Canadian National Railway Company (“CN”) applying for judicial review seeking remedy relating to Canadian Transportation Agency (“Agency”) decision that CN failed to meet level of service obligations it owed to Alberta Pacific Forest Industries Inc. – Application for judicial review dismissed by Federal Court of Appeal for lack of jurisdiction – Whether s. 18.5 of Federal Courts Act, R.S.C. 1985, c. F-7, deprives Federal Court of Appeal of jurisdiction to hear application for judicial review from factual determinations of Agency under Canada Transportation Act, S.C. 1996, c. 10 (“CTA”) – Whether Governor in Council’s political oversight role under s. 40 of CTA means factual determinations of Agency may be “appealed” to Governor in Council – Whether a bar on judicial review in these circumstances would violate right to judicial review under Constitution Act, 1867. | SCC | |
| 2026.03.12 | H.N. v. Board of Education of School District No. 61 (Greater Victoria), et al. | 2025 BCCA 144 | Not Heard Yet | Torts – Vicarious liability – Intentional torts – Sexual assault of children – Volunteer tutor provided to child by school – Tutor began grooming child during in-school tutoring sessions – Tutor insinuated himself into child’s life and continued grooming child when in-school tutoring ending – Child sexually assaulted by tutor – Whether test for vicarious liability inconsistently applied in trial courts – Whether test should be modified to account for societal and legal change and understanding of liability for affording opportunities to groom young victims to perpetrate sexual violence – When Supreme Court of Canada should overrule or depart from its own precedents pursuant to doctrine of horizontal stare decisis. | SCC | |
| As of Right | Alex Clarke v. His Majesty the King | 2026 ONCA 233 | Not Heard Yet | Criminal law – Appeals – Misapprehension of evidence – Whether trial judge made errors material to decision to reject accused’s evidence in misapprehending evidence of accused and relying on stereotypes and unfounded common-sense assumptions. | SCC | |
| As of Right | His Majesty the King v. Éric Giroux | 2026 QCCA 442 | Not Heard Yet | Criminal law – Charter of Rights – Right to counsel – Exclusion of evidence – Whether majority of Court of Appeal erred in law in finding that questions submitted by Crown were questions of fact in respect of which there was no right of appeal – Whether majority of Court of Appeal erred in law in upholding trial judge’s conclusion that there was violation as regards two aspects of right to counsel: (a) exercise of right to counsel at first reasonably available opportunity; and (b) right to counsel of one’s choice – Canadian Charter of Rights and Freedoms, ss. 10(b), 24(2). | SCC | |
| 2026.02.12 | GCT Canada Limited Partnership v. International Longshore and Warehouse Union Ship and Dock Foremen, Local 514 | 2025 FCA 100 | Not Heard Yet | Labour relations – Health and safety – When and to what extent do duties imposed under Canada Labour Code to inspect for employee health and safety apply to areas of work place not controlled by employer – How must administrative tribunals apply principle of vertical stare decisis in statutory interpretation – Canada Labour Code, R.S.C. 1985, c L-2, s. 135(1), (7), 135.1 (1) | SCC | |
| 2026.03.26 | American Pacific Corporation v. RPG Receivables Purchase Group Inc. | 2025 ONCA 371 | Not Heard Yet | Bankruptcy and insolvency – Trustees – Preferences – Preferences presumed – Company making payments to major supplier slightly more than month before assigning itself into bankruptcy – Trustee bringing motion for order declaring payment void for giving supplier preference over other unpaid creditors – Bankruptcy judge dismissing motion – Court of Appeal allowing appeal and ordering supplier repay amount – Whether assessment of debtor’s intention under s. 95(2) of Bankruptcy and Insolvency Act constrained by requirement that debtor act for purpose of maximizing creditor recoveries – Whether judge’s determination that a legal presumption has been rebutted by evidence is a finding of fact, law or mixed fact and law – Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, s. 95. | SCC | |
| 2026.04.02 | Patricia North, et al. v. Bayerische Motoren Werke AG, et al. | 2025 ONCA 340 | Not Heard Yet | Torts – Negligence – Consumer products – Defects – Failure to warn – Pure economic loss – Automobile engines damaged due to failure of timing chain assembly system – Owners seeking certification of class proceeding against manufacturer – Whether manufacturer of consumer product required to fix or replace product when aware that product contains latent defect making product dangerous to use – Whether product considered damaged property when rendered unusable due to failure of negligently designed or manufactured component – Whether manufacturer liable for economic losses or costs incurred by consumer because of manufacturer’s failure to warn them of dangerous defect in product. | SCC | |
| 2026.04.30 | Jeffrey Wood v. His Majesty the King | 2025 ONCA 746 | Not Heard Yet | Criminal law – Sentencing considerations – Applicant stealing famous portrait photograph from hotel, replacing it with forgery and selling original through auction house – Applicant pleading guilty to theft over $5000, forgery, and possession of stolen property over $5000 for the purpose of trafficking – Judge sentencing applicant to period of incarceration of two years less a day – Court of Appeal finding sentencing judge had not committed any errors in principle and sentence was not demonstrably unfit – Whether it is appropriate to rely on international caselaw to establish range of sentence – What trial judges must do to properly consider and reject a conditional sentence order in accordance with R. v. Proulx, 2000 SCC 5. | SCC | |
| 2026.04.30 | Attorney General of Quebec v. Vasil Petrishki, et al. | 2025 QCCA 893 | Not Heard Yet | Constitutional law – Judicial independence – Special clerks – Registrars in bankruptcy – In light of powers that special clerks and registrars in bankruptcy exercise as part of their subject-matter jurisdiction, whether unwritten constitutional principle of institutional judicial independence arising from preamble to Constitution Act, 1867 applies to them and whether they must therefore be included in legal framework that meets requirements of guarantee of institutional financial security established by Supreme Court in Reference re Remuneration of Judges of the Provincial Court of Prince Edward Island, [1997] 3 S.C.R. 3. | SCC | |
| As of Right | Nicholas Rhoden v. His Majesty the King | 2025 ONCA 408 | Not Heard Yet | Criminal law – Evidence – Exculpatory out-of-court statement – Fabrication – Post-offence conduct – What will constitute independent evidence of fabrication in context of exculpatory statements made by accused persons in circumstances (a) where accused are detained or treated as suspects by police for crime in question; (b) where statements are prompted by, and/or are responsive to, questioning by police; or (3) where statements acknowledge accused’s presence at scene of crime at relevant time and merely deny being perpetrators – Whether any demonstrably false statement by accused to police will necessarily constitute independent evidence of fabrication, even where intent to deflect suspicion cannot be reasonably inferred. | SCC | |
| As of Right | Rushawn Anderson v. His Majesty the King | 2025 ONCA 408 | Not Heard Yet | Criminal law – Evidence – Exculpatory out-of-court statement – Fabrication – Post-offence conduct – What will constitute independent evidence of fabrication in context of exculpatory statements made by accused persons in circumstances (a) where accused are detained or treated as suspects by police for crime in question; (b) where statements are prompted by, and/or are responsive to, questioning by police; or (3) where statements acknowledge accused’s presence at scene of crime at relevant time and merely deny being perpetrators – Whether any demonstrably false statement by accused to police will necessarily constitute independent evidence of fabrication, even where intent to deflect suspicion cannot be reasonably inferred. | SCC | |
| 2026.05.14 | His Majesty the King v. Patrick Dussault | 2025 QCCA 1433 | Not Heard Yet | Criminal law – Sentencing – New trial – Accused convicted of second degree murder – Joint recommendation of parties on sentencing – First sentencing judge imposing sentence of life imprisonment, with no eligibility for parole for 12 years – Court of Appeal allowing accused’s appeal from guilty verdict – At end of second trial, second sentencing judge still imposing sentence of life imprisonment, but with no eligibility for parole for 14 years – Court of Appeal allowing accused’s appeal and varying sentence to restore original period of 12 years with no eligibility for parole – Whether Quebec Court of Appeal erred in law in finding that second judge could not impose period with no eligibility for parole that was longer than that imposed at end of first trial. | SCC | |
| 2023.04.20 | T v The King | [2020] NZHC 2135 | 2023.08.14 | Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of retrial. | NZSC | |
| 2023.07.28 | Mahia Tamiefuna v The King | [2023] NZCA 163 | 2024.03.07 | Criminal law – Whether photographic evidence “improperly obtained” for the purposes of s 30 of the Evidence Act – Balancing exercise under s 30 | NZSC | |
| 2023.12.22 | Apparent restriction | [2023] NZCA 184 | 2024.07.11 | Criminal law – s 167(b) Crimes Act 1961 – Murder – Appeal against conviction – Intent – Defences of accident, involuntariness and lack of intent | NZSC | |
| No publication | S v Chief Executive of the Department of Corrections | No publication | 2024.08.15 | No publication | NZSC | |
| 2024.08.01 | Koro Putua v Attorney-General | [2024] NZCA 67 | 2025.03.07 | Unlawful detention – Compensation claim against the Crown under the New Zealand Bill of Rights Act 1990 (Bill of Rights) – Error in a committal warrant prepared by a deputy registrar and signed by a District Court judge | NZSC | |
| 2024.12.18 | Daniel Clinton Fitzgerald v Attorney-General | [2024] NZCA 419 | 2025.03.21 | New Zealand Bill of Rights Act 1990 – First instance court awarded damages against Crown for Crown prosecutor’s breach of s 9 in deciding to prosecute – If argued that A-G v Chapman [2011] NZSC 110 should not remain good law, requirement to addess circumstances in which NZSC should overrule its prior decisions. | NZSC | |
| 2024.10.04 | Peter Humphreys v Attorney-General | [2024] NZCA 92 | 2025.04.30 | Whether the Court of Appeal was correct to determine that Mr Humphreys was not “engaged, employed or contracted” by the Ministry of Health | Manatū Hauora as a “homeworker” under s 5 of the Employment Relations Act 2000 | NZSC | |
| 2025.03.17 | Raymond Iveagh Jury v The King | [2024] NZCA 320 | 2025.08.05 | Criminal Law – Hearsay statements – whether error to admit, and whether miscarriage of justice occasioned – whether failure to give a reliability direction under s 122 of the Evidence Act 2006 about those statements occasioned a miscarriage of justice | NZSC | |
| 2025.07.03 | K (SC 41/2025) v The King – SC 41/2025 | [2025] NZCA 84 Not Published | 2025.10.07 | Criminal Law – Whether the Court of Appeal was correct to dismiss the appeal | NZSC | |
| 2025.07.18 | Edmond Apanui v Commissioner of Police | [2024] NZCA 307 | 2025.11.11 | Costs – s 364 of the Criminal Procedure Act 2011 – Release from pre-trial custodial detention following dismissal of a charge of arson after the police elected not to offer any evidence. | NZSC | |
| 2025.07.30 | Michael and Julia Fuge, Bryce Marlowe Town, Chloe Ann Fuge and Julia Elizabeth Fuge as Trustees of the Aberdeen Four Trust v Wimax New Zealand Limited | [2025] NZCA 31 | 2026.02.17 | Property Law – Easements – Whether the High Court was correct to find an actionable interference with a vehicular right of way easement based on the effect that encroaching structures might have on possible future plans to develop the benefited property | NZSC | |
| 2025.08.12 | C (SC 34/2025) v R | [2025] NZCA 47 Not Available | 2026.02.19 | Whether the Court of Appeal was correct to dismiss the appeal (Intermediate appellate decision not available) | NZSC | |
| 2025.12.02 | Maxwell Richard Allen Parore v Attorney-General | [2025] NZCA 328 | 2026.03.20 | Tax – Bill of rights – Whether Commissioner of Inland Revenue breached Mr Parore’s right to silence, thereby breaching his right to a fair trial under s 25(a) of the New Zealand Bill of Rights Act 1990, by relying in criminal proceedings on taxpayer’s obligation to provide information in civil dispute procedures | NZSC | |
| 2025.12.19 | Jessica Mulford v The King | [2025] NZCA 444 | 2026.03.31 | Criminal Law – Whether error in the sentence imposed on conviction so as to require imposition of a different sentence, as set out in s 256(2)(a) of the Sentencing Act. | NZSC | |
| Not publicly available | N v The King | Not publicly available | 2026.04.22 | Criminal Law – Not publicly available | NZSC | |
| 2025.10.01 | Hairland Holdings Ltd v Chief Executive of the Ministry of Business, Innovation and Employment | [2025] NZCA 219 | 2026.05.05 | Employment Law – Whether the Court of Appeal was correct to allow the appeal on the basis that the Employment Relations Authority does not have jurisdiction to hear an application, brought by a purported employer against the Chief Executive of the Ministry of Business, Innovation and Employment, the Labour Inspector and/or its workers, for a bare declaration that its workers are not employees under s 6(1) of the Employment Relations Act 2000 | NZSC | |
| 2026.03.05 | Southern Cheyenne Thompson v The King | [2024] NZCA 266 | 2026.07.07 | Criminal Law – Correct approach to manifest injustice under s 104(1A)(h) of the Sentencing Act 2002 | NZSC | |
| 2026.03.05 | Julius Te Hivaka v The King | [2025] NZCA 451 | 2026.07.14 | Criminal Law – Appeal against conviction | NZSC | |
| 2026.04.16 | Ethan Webster v The King | [2025] NZCA 679 | 2026.07.16 | Criminal Law – Guilty plea to murder – Whether unfit to stand trial when plea entered – Whether defence of lack of murderous intent | NZSC | |
| 2026.05.13 | RH & JY Trust, Jocelyn Yvette Brown and Perpetual Trust Limited v WorkSafe New Zealand | [2026] NZCA 12 | 2026.07.28 | Criminal Law – Offences under the Health and Safety at Work Act 2015 (the Act) – Whether a trust and/or the trustees of a trust acting collectively is a “person” within the meaning of s 16 of the Act | NZSC | |
| 2026.04.14 | Jinxing Liu v Hua Wu (also known as Danny Wu) | [2025] NZCA 560 | 2026.08.06 | Duress – Illegality – Affirmation – Whether deed found to be entered into by the parties as a result of unlawful threats made by the applicant against the respondent was illegal and void, rather than voidable on the basis that it was entered into under duress – Whether the Court of Appeal erred in failing to determine that, had the deed’s validity properly been assessed on the basis that it was voidable for duress and not void for illegality, the deed was affirmed by the respondent, as the High Court had found. | NZSC | |
| 2025.12.19 | Michael John Smith v Attorney General | [2024] NZCA 692 | 2026.08.20 | Right to life – Claim against the Crown relying on inadequate action in relation to climate change – Where Court of Appeal observed at [97] a tenable claim of this kind would instead “… need to be one that related to decisions made under the CCRA (or other relevant legislation) that are said to breach their right to life. It would be a claim brought against the relevant Minister under the CCRA or other legislation under which the decision is made. Such a claim would need to articulate a basis on which a substantial risk to life to Mr Smith or those he represents (including future generations) is sufficiently proximate and that timely and reasonable action is no longer available or is not being taken to protect the lives of future generations.” | NZSC | |
| 2026.05.05 | Russell Thomas Hoban v Attorney-General | [2025] NZCA 644 | Not Heard Yet | Whether hate speech provisions in Human Rights Act 1993 (NZ) are inconsistent with the right to be free from discrimination because they only prohibit hate speech based on colour, race, or ethnic or national origin, and not hate speech based on sexual orientation – Applicability of ss 5 and 19(2) of the New Zealand Bill of Rights Act 1990 | NZSC | |
| 2026.03.10 | Scott Watson v The King | [2025] NZCA 455 | Not Heard Yet | Criminal Law – Appeal against conviction – Visual identification evidence – Whether substantial injustice | NZSC | |
| 2026.06.10 | Estate of Eric John Tupai Ruru and Alan Parekura Torohina Haronga v Attorney-General, Waitangi Tribunal, Tanya Rogers and David Brown, Owen Lloyd, David Thomas Hawea and Anthony Tapp | [2025] NZCA 597 | Not Heard Yet | Judicial review – Waitangi Tribunal – Whether the Court of Appeal erred in its approach to the requirements for resumption in s 8HB of the Treaty of Waitangi Act 1975 – Whether the Court of Appeal erred in its approach to the Waitangi Tribunal’s discretion to award compensation under sch 1 of the Crown Forest Assets Act 1989. | NZSC | |
| 2026.05.07 | Lego Holding A/S and Largo A/S v Zuru New Zealand Limited, Zuru Toys New Zealand Limited and Zuru Inc | [2025] NZCA 650 | Not Heard Yet | Trade Marks – The Trade Mark Act 2002 s 89(2) – Use as a trade mark – ss 94 and 95 defences of comparative advertising and honest use – Passing off and Fair Trading Act – Whether likely to confuse, deceive or mislead | NZSC | |
| 2026.08.25 | Meryl Taimania Carter, Raina Raewyn Doar, Raymond Paul Edmonds, Jonathon Pearce Edwards, Anita Lee Marsh, Taipari Barry Phillip Munro and Witiao Raewyn Paul, Trustees of Whatitiri Maori Reserves Trust and New Zealand Maori Council v Attorney-General and N | [2025] NZCA 677 | Not Heard Yet | Jurisdiction – Māori Land Court – Te Ture Whenua Māori Act 1993 – Resource Management Act 1991 – Whether trustees able to pursue claims other than ones relating to customary rights to the land and/or water of the springs | NZSC | |
| 2026.08.25 | Tuahuroa Tamati Cairns, Tohu Rangikauwhata Haa, Tauhopa Te Wano Hepi, Toriwai Rotarangi and Anthony Ralph Matara Rotarangi and Pouākani Claims Trust v Mercury NZ Limited, Māori Land Court, Attorney-General, Raukawa Settlement Trust and Te Kotahitanga O Ng | [2026] NZCA 91 | Not Heard Yet | Jurisdiction – Indefeasibility – Māori Land Court – Whether jurisdiction to consider a claim relating only to water under the Te Ture Whenua Māori Act 1993, where there is no land with any legal status on which to ground the claim within the 1993 Act – Whether Māori customary title or interests that are inconsistent with the nature and incidents of fee simple ownership have been extinguished by necessary implication, or otherwise, of the Land Transfer Act regime, even if the land did not pass through the 1993 Act’s required processes | NZSC | |
| 2023.12.20 | R (on the application of The Spitalfields Historic Building Trust) (Appellant) v London Borough of Tower Hamlets and another (Respondents) | [2023] EWCA Civ 917 | 2024.07.25 | Whether it is lawful for a local authority’s constitution to restrict voting by members on a deferred application for planning permission to those who had been present at the meeting(s) at which the application had previously been considered | UKSC | |
| Not Published | U3 (AP) (Appellant) v Secretary of State for the Home Department (Respondent) | [2023] EWCA Civ 811 | 2024.11.21 | Special Immigration Appeals Commission Act – Sections 2 and 2B | UKSC | |
| 2025.05.06 | The Kingdom of Spain and another (Respondents) v The London Steam-Ship Owners’ Mutual Insurance Association Limited (Appellant) No 2 | [2023] EWHC 2474 (Comm) [2023] EWHC 2473 (Comm) [2024] EWCA Civ 1536 |
2026.06.23 | EU Law – Arbitration – Absent a contrary agreement, whether section 13 of the State Immunity Act 1978 prevents an arbitral tribunal from awarding (i) an injunction, and (ii) equitable damages, against a State for its breach of an equitable obligation to arbitrate – Whether an arbitral tribunal can award equitable compensation against a State for such a breach. | UKSC | |
| 2025.06.17 | ScottishPower (SCPL) Limited and others (Respondents) v Commissioners for His Majesty’s Revenue and Customs (Appellant) | [2025] EWCA Civ 3 | 2026.05.19 | Tax – Whether the rule preventing the deduction of penalty payments for the purpose of calculating taxable profits encompasses payments made to consumers/consumer organisations in settlement of regulatory investigations | UKSC | |
| 2025.11.06 | Star Hydro Power Limited (Respondent) v National Transmission and Despatch Company Limited (Appellant) | [2024] EWHC 3258 (Comm) [2025] EWCA Civ 928 |
2026.06.16 | International Commercial Arbitration – Whether English courts can grant an injunction to restrain proceedings brought under the New York Convention that ostensibly seek partial recognition and enforcement of a London-seated arbitral award in a foreign court | UKSC | |
| 2025.10.30 | R (on the application of Foodrise Ltd (formerly Global Feedback Limited)) (Appellant) v His Majesty’s Treasury and others (Respondents) | [2024] EWHC 1943 (admin) [2025] EWCA Civ 624 |
2026.06.11 | Public Law and Human Rights – Whether the judicial review claim falls within the scope of Article 9(3) of the Aarhus Convention so that the Appellant can access costs protection under Part IX of CPR 46. | UKSC | |
| 2025.10.31 | Optis Cellular Technology LLC and others (Respondents) v Apple Retail UK Limited and others (Appellants) No 1 | [2024] EWHC 197 (Ch) [2025] EWCA Civ 552 |
2026.07.01 | Intellectual Property – Approach that UK courts should adopt when determining fair, reasonable and non-discriminatory (“FRAND”) terms for global portfolio licences of standard essential patents – Whether the Court of Appeal erred: in reaching its own determination of the FRAND rate in this case, instead of remitting for reassessment; in its approach to the question of payment of royalties on past sales in FRAND licences; in its consideration of the effects of parallel foreign patent infringement proceedings. | UKSC | |
| 2025.10.31 | Optis Cellular Technology LLC and others (Respondents) v Apple Retail UK Limited and others (Appellants) No 2 | [2024] EWHC 197 (Ch) [2025] EWCA Civ 552 |
2026.07.01 | Intellectual Property – Approach that UK courts should adopt when determining fair, reasonable and non-discriminatory (“FRAND”) terms for global portfolio licences of standard essential patents – Whether the Court of Appeal erred: in reaching its own determination of the FRAND rate in this case, instead of remitting for reassessment; in its approach to the question of payment of royalties on past sales in FRAND licences; in its consideration of the effects of parallel foreign patent infringement proceedings. | UKSC | |
| 2025.09.30 | The Manchester Ship Canal Company Limited (Appellant) v Secretary of State for Environment, Food and Rural Affairs and another (Respondents) | [2022] EWHC 3282 (Admin) [2025] EWCA Civ 676 |
Not Heard Yet | Public Law and Human Rights – Whether the Secretary of State was wrong to approve a compulsory purchase order in a form in which the rights authorised to be compulsorily acquired appear to include an unbounded private law right to discharge “water, soil and effluent” into a canal, and where the discharge occurs in such a way as to amount to a criminal offence and/or a nuisance. | UKSC | |
| 2025.11.27 | Stenner (Appellant) v Teignbridge District Council (Respondent) | [2025] UKUT 204 (LC) (Leapfrog) | 2026.07.22 | Property – Correct test the courts should use when applying the “Ouster Principle” in the context of determining whether a purported easement is capable of forming the subject matter of a grant (and therefore valid) | UKSC | |
| 2025.12.17 | Lowe (Appellant) v The Governors of Sutton’s Hospital in Charterhouse (Respondent) | [2024] EWHC 646 (Ch) [2025] EWCA Civ 857 |
Not Heard Yet | Landlord and Tenant – Whether the Information Requirement in Article 2(1)(g)(vi) of the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (“the 2007 Order”) is satisfied where the landlord makes reference to a clause in a tenancy agreement that is not attached and which differs in numbering from the actual tenancy agreement – Whether the Confirmation Requirement in Article 2(1)(g)(vii) of the 2007 Order is satisfied where the landlord signs a covering letter enclosing the certificate, rather than the certificate itself. | UKSC | |
| As of Right | Rice (Respondent) v Wicked Vision Limited (Appellant) | [2024] EAT 29 [2025] EWCA Civ 1466 |
2026.05.21 | Employment – Whether section 47B(2) of the Employment Rights Act 1996 (the “ERA”) prevents an employee from bringing a claim under section 47B ERA against a co-worker and/or their employer for being subjected to detriment where that detriment amounts to a dismissal? Whether Court of Appeal bound to apply the earlier decision of Timis v Osipov [2018] EWCA Civ 2321 (“Osipov”) on section 47B(2) ERA in the present appeals, and whether that decision correctly decided. | UKSC | |
| As of Right | Barton Turns Developments Limited (Appellant) v Treadwell (Respondent) | [2024] EAT 137 [2025] EWCA Civ 1466 |
2026.05.21 | Employment – Whether section 47B(2) of the Employment Rights Act 1996 (the “ERA”) prevents an employee from bringing a claim under section 47B ERA against a co-worker and/or their employer for being subjected to detriment where that detriment amounts to a dismissal? Whether Court of Appeal bound to apply the earlier decision of Timis v Osipov [2018] EWCA Civ 2321 (“Osipov”) on section 47B(2) ERA in the present appeals, and whether that decision correctly decided. | UKSC | |
| 2025.12.18 | The Czech Republic (Respondent) v Diag Human SE and another (Appellants) | [2024] EWHC 503 (Comm) [2024] EWHC 2102 (Comm) [2025] EWCA Civ 588 [2025] EWCA Civ 998 |
Not Heard Yet | Arbitration – Article 1(1)(c) of the investment treaty agreed between the Czech and Slovak Federal Republic and the Swiss Confederation dated 5 October 1990 – test for “de facto” control for the purposes of Article 1(1)(c) – Whether qualifying investor under treaty – Whether valid objection to “substantive jurisdiction” under section 30 Arbitration Act 1996 – Whether Court of Appeal erred by ordering that the full award should be paid to Mr Stava despite finding that Diag Human SE was not a qualifying investor for the purposes of the treaty | UKSC | |
| 2025.12.18 | The Czech Republic (Appellant) v Diag Human SE and another (Respondents) No 2 | [2024] EWHC 503 (Comm) [2024] EWHC 2102 (Comm) [2025] EWCA Civ 588 [2025] EWCA Civ 998 |
Not Heard Yet | Arbitration – Article 1(1)(c) of the investment treaty agreed between the Czech and Slovak Federal Republic and the Swiss Confederation dated 5 October 1990 – test for “de facto” control for the purposes of Article 1(1)(c) – Whether qualifying investor under treaty – Whether valid objection to “substantive jurisdiction” under section 30 Arbitration Act 1996 – Whether Court of Appeal erred by ordering that the full award should be paid to Mr Stava despite finding that Diag Human SE was not a qualifying investor for the purposes of the treaty | UKSC | |
| 2025.12.17 | Michael Farley and 431 others (Respondents) v Paymaster (1836) Limited (trading as Equiniti) (Appellant) | [2024] EWHC 383 (KB) [2025] EWCA Civ 1117 |
Not Heard Yet | Privacy – Whether a threshold of seriousness applies to claims for damages under the General Data Protection Regulation (“GDPR”) and Data Protection Act 2018 (“DPA 2018”) | UKSC | |
| 2025.11.19 | R (on the application of Campbell) (Appellant) v His Majesty’s Attorney General for England and Wales (Respondent) | [2025] EWHC 1653 (Admin) | Not Heard Yet | Public Law – Whether the exercise of the Attorney General’s power to allow or refuse to allow an application to be made for an inquest to be re-opened is amenable to Judicial Review – and if so, on what grounds may the Attorney General’s exercise of that power be reviewed. | UKSC | |
| 2026.03.23 | R (on the application of L1T FM Holdings UK Limited and another) (Appellants) v Chancellor of the Duchy of Lancaster in the Cabinet Office (formerly the Secretary of State for Business, Energy and Industrial Strategy) (Respondent) | [2024] EWHC 2963 (Amin) [2025] EWCA Civ 1528 |
Not Heard Yet | Public Law and Human Rights – Whether the state is entitled, in light of Article 1 of the First Protocol of the European Convention on Human Rights (“A1P1”), to deprive a person of their possessions in the public interest without paying, or ensuring they recover, market value for those possessions, in circumstances where the policy objective of the deprivation measure is not undermined or diminished by ensuring market value is recovered | UKSC | |
| 2026.02.02 | The Chief Constable of Sussex Police and another (Respondents) v XGY (Appellant) | [2024] EWHC 1963 (KB) [2025] EWCA Civ 1230 |
Not Heard Yet | Tort – Whether the CPS advocate is immune from suit in respect of anything said or done in the course of a bail hearing, including the disclosure of a vulnerable person’s confidential address to their abusive ex-partner? Whether that immunity extends to the police, who included the Appellant’s address in the file for the CPS? If the common law immunity does exist and apply, whether it bars claims under the Human Rights Act 1998 and Data Protection Act 2018? Whether the Court of Appeal erred in reinstating the summary disposal of the Appellant’s Human Rights Act claims? | UKSC | |
| 2026.02.04 | Retirement, Saving and Welfare Fund of Oil Industry Workers (Appellant) v Crescent Gas Corporation Limited and another (Respondents) | [2024] EWHC 835 (Comm) [2025] EWCA Civ 1211 |
Not Heard Yet | Insolvency – Mainly: Whether an agent can provide signed writing for the purposes of section 53(1)(b) of the Law of Property Act 1925 (“LPA 1925”); Whether a company can provide signed writing for the purposes of section 53(1)(b) without executing a document or through the signature of an individual acting on behalf of a corporate attorney by combined effect of 74(3) and (4) LPA 1925; Whether a transaction was at an undervalue within the scope of section 423 of the Insolvency Act 1986 (“IA 1986”). | UKSC | |
| 2026.02.04 | National Iranian Oil Company (Appellant) v Crescent Gas Corporation Limited and another (Respondents) | [2024] EWHC 835 (Comm) [2025] EWCA Civ 1211 |
Not Heard Yet | Insolvency – Mainly: Whether an agent can provide signed writing for the purposes of section 53(1)(b) of the Law of Property Act 1925 (“LPA 1925”); Whether a company can provide signed writing for the purposes of section 53(1)(b) without executing a document or through the signature of an individual acting on behalf of a corporate attorney by combined effect of 74(3) and (4) LPA 1925; Whether a transaction was at an undervalue within the scope of section 423 of the Insolvency Act 1986 (“IA 1986”). | UKSC | |
| 2026.02.26 | Commissioners for His Majesty Revenue and Customs (Appellant) v Evonik UK Holdings Limited (Respondent) | [2024] EWHC 2897 (Ch) [2025] EWCA Civ 1392 |
Not Heard Yet | Court Procedure – Whether an entitlement to interest exists if a litigant pays a sum of money owed under a court order, and the court order is subsequently set aside – Whether the respondent should therefore have paid interest on the money it held from 2016-2024. | UKSC | |
| 2026.03.30 | Commissioners for His Majesty’s Revenue and Customs (Respondent) v Sintra Global Inc and another (Appellants) | [2022] UKFTT 0365 (TC) [2024] EWCA UKUT 346 (TCC) [2025] EWCA Civ 1161 |
Not Heard Yet | Tax – Whether the burden rests on the taxpayer to prove that he or she is not liable to pay the underlying tax when a taxpayer appeals against an HMRC penalty on the basis that the underlying tax claimed is not owed | UKSC | |
| 2025.11.06 | Stratford Village Development Partnership and another (Appellants) v Triathlon Homes LLP and another (Respondents) | [2025] EWCA Civ 846 [2024] UKFTT 26 (PC) |
Not Heard Yet | Property – Whether the Court of Appeal erred on the question of whether it was ‘just and equitable’ to make a remediation contribution order under s124 Building Safety Act 2022 – Whether the Court of Appeal was wrong to conclude that a remediation contribution order under s124 Building Safety Act 2022 can be made in respect of costs incurred before that provision came into force on 28 June 2022. | UKSC | |
| 2025.11.06 | Adriatic Land 5 Limited (Appellant) v Long Leaseholders at Hippersley Point and another (Respondents) | [2023] UKUT 271 (LC) [2025] EWCA Civ 856 |
Not Heard Yet | Property – Whether paragraph 9 of Schedule 8 to the Building Safety Act 2022 (“BSA 2022”) precludes the recovery of legal or professional costs by way of service charge from leaseholders holding a qualifying lease where those costs were incurred before the BSA 2022 came into effect. | UKSC | |
| 2026.02.23 | Skyros Maritime Corporation and another (Respondents) v Hapag-Lloyd AG (Appellant) | [2024] EWHC 3139 (Comm) [2025] EWCA Civ 1529 |
Not Heard Yet | Arbitration – Whether owner entitled to recover substantial damages assessed by reference to the market rate for the period of the overrun when a time-chartered vessel is redelivered late, by which time the owner is contractually committed to selling the vessel and the sale contracts preclude the owner from chartering it again | UKSC | |
| As of Right | R (on the application of CHK) (Appellant) v Secretary of State for the Home Department (Respondent) | [2026] EWCA Civ 207 | Not Heard Yet | Public Law and Human Rights – Whether the Court of Appeal erred in finding that the conditions of CHK’s immigration bail do not constitute a sufficient restraint on his liberty to justify a writ of habeas corpus – Whether the Court of Appeal should have ordered CHK to pay the respondent’s costs | UKSC | |
| As of Right | R v Field (Respondent) | [2026] EWCA Crim 413 | Not Heard Yet | Criminal Law – Whether the directions given to the jury by the trial judge in this case were right in law – Whether the Court of Appeal correctly understood and applied R v Kennedy (No 2) [2007] UKHL 38, and whether the Supreme Court should reconsider that decision. | UKSC | |
| 2026.05.22 | R (on the application of BYL (by their litigation friend BAU)) and another (Appellants) v Chancellor of the Exchequer and others (Respondents) | [2025] EWHC 1467 (Amin) [2026] EWCA Civ 170 |
Not Heard Yet | Public Law and Human Rights – Whether the introduction of VAT on private school fees is compatible with the appellants’ right to equal treatment under Article 14 of the European Convention on Human Rights, to property under Article 1 of Protocol 1 of the Convention, and to education under Article 2 of Protocol 2 of the Convention | UKSC | |
| 2026.05.22 | R (on the application of Emmanuel School (Derby) Limited T/A Emmanuel School and others) (Appellants) v Chancellor of the Exchequer and others (Respondents) | [2025] EWHC 1467 (Amin) [2026] EWCA Civ 170 |
Not Heard Yet | Public Law and Human Rights – Whether the introduction of VAT on private school fees is compatible with the appellants’ right to equal treatment under Article 14 of the European Convention on Human Rights, to property under Article 1 of Protocol 1 of the Convention, and to education under Article 2 of Protocol 2 of the Convention | UKSC | |
| 2026.05.06 | The Tower One St George Wharf Limited (Appellant) v Commissioners for His Majesty’s Revenue and Customs (Respondent) | [2022] UKFTT 00154 (TC) [2024] UKUT 00373 (TCC) [2025] EWCA Civ 1588 |
Not Heard Yet | Tax – Whether a share transfer was a “scheme transaction” for the purposes of s75A(5) Finance Act 2003 – Whether the deemed notional transaction under s75A Finance Act 2003 attracted group relief. | UKSC | |
| 2026.06.29 | Vargova (Appellant) v Secretary of State for the Home Department (Respondent) | [2026] EWCA Civ 31 | Not Heard Yet | EU Law – Whether Secretary of State must consider whether or not deportation is proportionate when deciding to deport an EU citizen based on crimes committed in the United Kingdom post-Brexit | UKSC | |
| 2026.06.29 | Molnar (Appellant) v Secretary of State for the Home Department (Respondent) | [2026] EWCA Civ 31 | Not Heard Yet | EU Law – Whether Secretary of State must consider whether or not deportation is proportionate when deciding to deport an EU citizen based on crimes committed in the United Kingdom post-Brexit | UKSC | |
| 2026.05.26 | Massa and others (Respondents) v Ecclestone (Appellant) | [2025] EWHC 3064 (KB) | Not Heard Yet | Tort – Whether the tort of unlawful means conspiracy be founded on: a civil wrong that is not independently actionable by the claimant; a breach of contract to which the claimant is not a party; a breach of foreign law; conduct that the defendant did not know to be unlawful. | UKSC | |
| 2026.05.26 | Massa and others (Respondents) v Fédération Internationale de l’Automobile (Appellant) | [2025] EWHC 3064 (KB) | Not Heard Yet | Tort – Whether the tort of unlawful means conspiracy be founded on: a civil wrong that is not independently actionable by the claimant; a breach of contract to which the claimant is not a party; a breach of foreign law; conduct that the defendant did not know to be unlawful. | UKSC | |
| 2026.05.26 | Massa and others (Respondents) v Formula One Management Limited (Appellant) | [2025] EWHC 3064 (KB) | Not Heard Yet | Tort – Whether the tort of unlawful means conspiracy be founded on: a civil wrong that is not independently actionable by the claimant; a breach of contract to which the claimant is not a party; a breach of foreign law; conduct that the defendant did not know to be unlawful. | UKSC | |
| As of Right | Adcamp LLP (formerly known as Pitmans LLP) (Respondent) v Office Properties PL Limited (In Liquidation) and others (Appellants) | [2025] EWHC 170 (Ch) [2026] EWCA Civ 50 |
Not Heard Yet | Court Procedure – Whether the Court has the power to allow substitution in the claim form of one defendant for another under rule 19.6(3)(a) or (b) where the claimant mistakenly names the wrong defendant in the claim form | UKSC | |
| 2026.05.01 | R (on the application of Hawes) (Respondent) v London Borough of Tower Hamlets (Appellant) | [2024] EWHC 3262 (Amin) [2026] EWCA Civ 24 |
Not Heard Yet | Public Law and Human Rights – Whether the appellant breached s151 Greater London Authority Act 1999 by deciding to remove a Low Traffic Neighbourhood scheme which had been included in its approved local implementation plan for the delivery of the Mayor of London’s transport strategy in its area | UKSC | |
| As of Right | BDB Pitmans LLP (now known as Broadfield Law UK LLP) and another (Respondents) v Lee and another (Appellants) | [2025] EWHC 2955 (Ch) [2026] EWCA Civ 50 |
Not Heard Yet | Court Procedure – Whether the court should order substitution under the Civil Procedure Rules r19.6(3)(a) due to a mistake made by the claimants in naming the defendant; specifically, where the alleged negligent party had merged with the named defendant. | UKSC | |
| 2026.05.06 | Bailey (Appellant) v Stonewall Equality Limited and others (Respondents)(Appellant) | [2025] EWCA Civ 1662 | Not Heard Yet | Employment – Whether Stonewall Equality Ltd caused Garden Court Chambers to discriminate against Ms Bailey contrary to section 111(2) of the Equality Act 2010 – Correct approach to causation for the purposes of section 111(2) of the Equality Act 2010. | UKSC | |
| 2026.06.26 | In the matter of an application by Bridie Brown for Judicial Review | [2025] NICA 16 | Not Heard Yet | Public Law and Human Rights – Whether the Court of Appeal erred, including by concluding that the choice faced by the Secretary of State for Northern Ireland, when considering the appropriate investigative mechanism to discharge the Article 2 European Convention of Human Rights investigative obligation, was a “binary one” meaning that the only lawful option available was to order a Public Inquiry. | UKSC | |
| 2026.07.29 | R (on the application of Ammori) (Appellant) v Secretary of State for the Home Department (Respondent) | [2026] EWHC 292 (Amin) | Not Heard Yet | Public Law and Human Rights – Whether the decision of the Secretary of State for the Home Department to proscribe Palestine Action under section 3 of the Terrorism Act 2000 was lawful. | UKSC | |
| 2026.06.29 | Townsend (Appellant) v Epsom and St Helier University Hospitals NHS Trust (Respondent) | [2026] EWCOP 14 (T3) [2026] EWCA Civ 195 |
Not Heard Yet | Public Law and Human Rights – Whether there is an obligation on an NHS commissioning body to apply to the Court of Protection to resolve disputes about medical treatment (including life-sustaining treatment) where the treatment sought on behalf of an incapacitated patient is not being offered by the patient’s treating clinicians because they have concluded that such treatment is clinically inappropriate – Whether the Court of Appeal should have ordered interim relief under section 48 Mental Capacity Act 2005. | UKSC | |
| 2026.06.29 | Roberts (Appellant) v Severn Trent Water Limited and Severn Trent PLC and 8 others (Respondents) | [2025] CAT 17 [2026] EWCA Civ 222 |
Not Heard Yet | Commercial – Whether a cause of action under section 18(1) of the Competition Act 1998 is excluded by section 18(8) of the Water Industry Act 1991. | UKSC | |
| 2026.07.27 | SGL 1 Limited (Respondent) v FSV Freeholders Limited (Appellant) | [2025] EWHC 3 (Ch) [2026] EWCA Civ 267 |
Not Heard Yet | Lamdlord and Tenant – Meaning of “building’ in s. 5(3) of Landlord and Tenant Act 1987 in its requirement that each building’s leaseholder must separately be given the opportunity to purchase their building’s leasehold where a freeholder proposes to sell the freehold of more than one building at the same time. | UKSC | |
| 2026.07.30 | R v Durrell-Smith (Appellant) | [2026] EWCA Crim 463 | Not Heard Yet | Crime – Where two people exchange gunfire and one gunman’s shot hits an innocent bystander, in what circumstances Is the other gunman criminally liable for injury to the victim | UKSC | |
| 2026.07.29 | R (on the application of Mithan and others) (Respondents) v Secretary of State for the Home Department (Appellant) | [2026] EWHC 956 (Admin) | Not Heard Yet | Extradition – Whether the Home Secretary must identify the offence specified in the extradition request for which the person is to be prosecuted when making an extradition order under section 93 of the Extradition Act 2003 | UKSC | |
| 2026.07.29 | Haxhia and others (Respondents) v The Government of the Republic of Albania (Appellant) | [2026] EWHC 956 (Admin) | Not Heard Yet | Extradition – Whether the judge can send a case to the Home Secretary under section 93 of the Extradition Act 2003 where the person is to be extradited for prosecution for an offence not specified in the extradition request certified under section 70 | UKSC | |
| 2026.07.29 | Granville Technology Group Limited (in Liquidation) and others (Appellants) v LG Display Co Ltd and others (Respondents) | [2024] EWHC 13 (Comm) [2026] EWCA Civ 409 |
Not Heard Yet | Commercial – Cartels – Claim brought for the recovery of losses incurred as a result of an unlawful cartel – Mitigation – Whether a defendant relying on defence of pass-on by the claimant is required to prove a direct causal link between the cartel overcharge and increases in the claimants’ prices | UKSC | |
Each hyperlink is ordinarily capable of supplying the proof of the related entry in the table
Table formula HCA = all grants of special leave to appeal + (plus) all applications for special leave referred to Full Court as if on appeal or to be heard by an enlarged Bench – (minus) any of the foregoing determined by a published judgment or other dispositive order
Table formula SCC = all heard and reserved + (plus) all currently published as ‘Scheduled‘ – (minus) any of the foregoing determined by a published judgment or some other dispositive order
Table formula NZSC = all listed as Reserved + (plus) all final appeals currently published as ‘Upcoming‘
Table formula UKSC = all awaiting judgment + (plus) all listed appeals
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